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RESOLUTION NO. RES- 22-0039
A RESOLUTION OF THE CITY COUNCI L OF THE
CITY OF LONG BEACH AUTHORIZING THE CITY
MANAGER TO SUBMIT A NOTICE OF INTENT TO
COMPLY WITH THE REGULATIONS OF SB 1383 PER THE
SB 619 STATUTE
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39 730.6 of the Health and Safety Code through a 50 percent (5 0%) reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent (7 5%) reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Long Beach is a local jurisdiction required to comply with the Regulations; and
WHEREAS, the City of Long Beach is facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652 .5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and WHEREAS, the City of Long Beach is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that 1 EWM:bg A22-00350 (02-24-2022)
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1 is duly adopted by the jurisdiction by formal written resolution and meets the requirements 2 of the Statute;
3 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 4 follows:
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Section 1. The City Council of the City of Long Beach by and through its City Manager hereby formally adopts the Notification of Intent to Comply, attached as Attachment "A".
Section 2. The City Council of the City of Long Beach hereby authorizes and directs the City Manager on its behalf, to submit the Notification of Intent to Comply, Attachment "A", to Cal Recycle for approval pursuant to the Statute.
Section 3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Long Beach represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
Section 4. The City of Long Beach by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
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2 EWM:bg A22-00350 (02-24-2022)
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28 I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _ ______ M_a _rc_ h_1 _____ , 2022 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
EWM:bg A22-00350 (02-24-2022)
01363522.docx
Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Richardson.
None.
Austin.
None.
3 Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5 (c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to NO [email protected].
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID -19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 1899 6. 2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 426 52.5 (d).
2. A corrective action plan pursuant to 14 CCR section 1899 6. 2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timelirie for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification.
Please clearl� Qrint or tvQe responses. Attach additional pages as necessary.
Jurisdiction Name: City of Long Beach I County: Los Angeles Person Completinq the Form: Thomas B. Modica
First Name: Thomas I Last Name: Modica
Title: City Manager
Mailing Address: 411 W Ocean Blvd, 101h Floor
City: Long Beach I Zip Code: 90802
Email Address: [email protected]
Phone Number: 56 2-5 70-5091
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
� (B) 14 CCR section 1898 4. 1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note: City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
{A) 14 CCR section 18984Gombined Organic Waste Collection Services. Thisrequirement is not included since the requirements· are further specified in sections 18984. 1-18984.11. [gJ (B) 14 CCR section 18984. 1 Three-Container Organic Waste Collection Services [gJ (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services [gJ (D) 14 CCR section 18984. 3 Unsegregated Single Container Collection Services [gJ (E) 14 CCR section 18984. 4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
[gJ (F) 14 CCR section 18984. 5 Container Contamination Minimization [gJ (G) 14 CCR section 18984. 6 Recordkeeping Requirements for Container Contamination Minimization [gJ (H) 14 CCR section 18984. 7 Container Color Requirements [gJ (I) 14 CCR section 18984 .8 Container Labeling Requirements [gJ (J) 14 CCR section 18984 .1 1 Waivers Granted by a Jurisdiction [gJ (K) 14 CCR section 18985. 1. Organic Waste Recovery Education and Outreach.
D (L) 14 CCR section 18985. 2. Edible Food Recovery Education and Outreach [gJ (M) 14 CCR section 18985. 3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
D (N) 14 CCR section 18988. 1. Jurisdiction Approval of Haulers and Self-Haulers D (0) 14 CCR section 18988. 3. Self-haulers of Organic Waste D (P) 14 CCR section 18988. 4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
D (Q) 14 CCR section 18989. 1. CALGreen Building Codes
D (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance D (S) 14 CCR section 18991. 1. Jurisdiction Edible Food Recovery Program D (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
D (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning D (V) 14 CCR section 18992.2. Edible Food Recovery Capacity cgj (W) 14 CCR section 18993. 1. Recovered Organic Waste Product Procurement Target cgj (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
cgj (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements cgj (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement (AA) 14 CCR sectio.n 18994.2.Jurisdiction An nual Reporting Note; This requirement isnot included sincejurisdictions are still expected to report to Ca/Recycle.
O(BB) 14 CCR section 18995. 1. Jurisdiction Inspection Requirements Note: Section 18995. 1 ( a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
D (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Com plaints of AllegedViolations Note: This requirement is not includedsin.cejufisdicilons are still expected to investigate complaints.
D (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
� (1) (Type regulatory section number) (Type regulatory section title) cgj ( 1)
D (2)
D (3)
D (4)
D (5 )
i. Describe the specific violations related to the regulatory section
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
The City was not able to comply due to lack of local infrastructure for processing combined loads of food waste, yard debris, and food soiled paper. Infrastructure is now more available and we are releasing a RFP/Q to find a facility that can process this combined stream. We are also restructuring and enhancing our staffing levels to meet the needs of this requirement. We are having to change job classifications, work with unions, complete a cost of service study to increase rates, purchase new equipment and redesign our Bureau to meet the requirements of this state law. There have also been supply chain delays in accessing the required equipment needed for this program.
We also had to change our Municipal Code to require that organics collection is required/automatic subscription; this was not possible to do during the pandemic as so many of our businesses were closed down. We have also been working closely with our private haulers to have them expand their programs and start directly providing this service to their customers.
3. A description of the impacts of the COVI D- 19 pandemic on compliance.
Fully implementing various facets of SB 1383 regulations during the pandemic has been difficult for the City to accomplish due to staff citywide being furloughed for almost a year, staff had to reduce their hours during this time. There were also ongoing staffing challenges to maintain operations of our existing solid waste collection. We faced increased staff shortages due to Covid. We continue to have challenges in receiving purchases of new supplies such as trucks and carts. This is also causing delay of us being able to begin new programs.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
Regulatory Requirement: CCR Section: 18984.1,.2,.3 Combined Organic Waste Collection Services.
Description: The City does not have a residential organics program and there is not a full implementation for mandatory collection from businesses/commercial accounts for accounts that generate under 2 cubic yards. The City is allowing for a 1 cart, 2 cart, or 3 cart system for managing organics.
Tasks: City Service Accounts Completion
Task 1: CLB to issue RFQ/RFP to determine processing options for co- May 31, 2022 mingled loads of yard debris and food waste from City-Serviced Accounts Task 2: City to purchase additional trucks for organics collection Purchase 1 - 8 trucks expected by 3/31 /23
Purchase 2 - 4/31 /23
Task 3: City to purchase additional carts for organics collection 12/31/23 Task 4: Continue implementation of commercial organics collection 12131123 proqram
Task 5: City to develop educational campaign to educate residents about 4/30/23 organics program
Task 6: City to implement educational campaign for city-serviced 12131123 residential program
Task 7: City to issue waivers for City-serviced commercial accounts that 12131123 qualify
Task 8: City to distribute carts to City-serviced accounts Prior to collection beginninq
Task 9: City to begin residential collection 1/1/24
Task 10: Continued increase of staffing (organics drivers) to service the 12/31/23 routes
Task 11: Meet and confer process with union(s) to implement organics 2022-2024 collection for City-serviced Accounts
Private Hauler Accounts
Task 12: City to issue waiver to accounts serviced by Private Haulers 12/31/22 Task 13: City to ensure private haulers have provided organics services to 12/31/22 all required commercial accounts
Regulatory Requirement: CCR Section: 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
Description: Not implementing recordkeeping requirements for compliance with organic waste collection services due to dela in or anics collection.
Regulatory Requirement: CCR Section 18984.5 Container Contamination Minimization Description: Not able to implement route review program until a organics program is established cit ide. Cit is lannin to im lement o tion B - Route Reviews.
Task 1: Increase staffing to develop and implement requirements of option B (b. 1A - 12/31/23 83 ide.
12/31/23
Regulatory Requirement: CCR Section 18984.7 Container Color Requirements Descri tion: As new customers are added to this ro ram, we will rovide the re uired carts.
Task 1: City to provide approved containers for organics service as program is rolled 12/31/23 out
Regulatory Requirement: CCR Section 18984.8 Container Labeling Requirements Description: Not implementing due to delay in implementing organics collection. The City has already designed labels for containers and will be able to place them on all containers once program(s) are fully implemented. The Cit cannot im lement labels now as the reflect future sortin re uirements and not what is available toda Task 1: Implement requirements of this section as new carts are provided to 12/31/23 customers
Regulatory Requirement: CCR Section 18985.1 Organic Waste Recovery Education and Outreach Description: City to provide City endorsed letters to private haulers for them to provide to their customers regarding requirements. City to send letters to City-serviced accounts as increased service is available and City staff determine remaining commercial customers required to have the service. The City has provided the Private Haulers these types of letters for AB 341 and AB 1826 in previous years.
Task 1: Develop new letter for private haulers to provide their customers under this 4/30/2 2 requlation. Require private haulers to send out the letter Task 2: Confirm City-serviced commercial accounts that still need service and send 12/31/23 out letter
Regulatory Requirement: CCR Section 18985.3 Recordkeeping Requirements for Compliance with Education and Outreach Requirements
Description: Unable to implement record keeping until all required documents are developed and provided to im acted arties.
Regulatory Requirement: CCR Section 18991.2 Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
Descri tion: Without a full is unable to meet the re uired record kee Regulatory Requirement: CCR Section 18993.1 Recovered Organic Waste Product Procurement Target Description: The City is not currently able to meet this requirement due to lack of available product in our fleet fueling. Our Fleets Services Department recently included this requirement in our Fuel RFP and none of the respondents had this fuel available. The City is confident that once this fuel is available on the marketplace we can utilize this in fuelin our trash fleet and other ossible vehicles.
Task 1: Further assess all procurement options within the City Operations, work with 12/31/23 Private Haulers to see if they could be a direct service provider and/or if they are donating approved products in CA, and explore if options are feasible to meet this re uirement.
Task 2: Purchase fuel once available (assuming City has not been able to meet the 12/31/23 re uirement sooner .
Regulatory Requirement: CCR Section 18993.2 Recordkeeping Requirements for Recovered Organic Waste Procurement Requirement
Descri tion: Procurement tar et not met, therefore no records showin 12/31/22
12/31/22
Regulatory Requirement: CCR Section 18993.3 Recycled Content Paper Procurement Requireme nts Description: With the newly adopted Administrative Regulation, the City is in process of complying with this re uirement however it is not full com liant.
Regulatory Requirement: CCR Section 18993.4 Recordkeeping Requirements for Recycled Content Paper Procurement
Description: The City is in process of implementing our recently passed Administrative Rule, 23-7 which outlines the re uirements of this as ect of the law.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Tom Modica City Manager
Signature Printed Name Title
21 12 022
Date